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(영문) 서울남부지방법원 2013.06.28 2013노676
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant defames the victim by making the words as stated in the facts constituting the crime in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below in light of the record of the determination of mistake of facts, the defendant can sufficiently recognize the fact that the defendant defames the victim by openly pointing out false facts by using the words as stated in the facts constituting the crime in the judgment below at the location of F and G, etc.

B. In full view of the following circumstances, the lower court’s determination on the assertion of unfair sentencing seems to have determined the punishment by reducing the fine amount of the summary order (1.5 million won of a fine) against the Defendant, taking into account all the circumstances, and there are no changes in circumstances after the sentence of the lower judgment was issued, and other various sentencing conditions as indicated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and therefore, this part

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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